ASHIS CHAKRABORTY Vs. PRATIMA GHOSH

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereafter the CPC) for transfer of Ejectment Suit No.35 of 2012 from the court of the learned Civil Judge (Junior Division), 3rd Court at Sealdah, North 24 Parganas.

(2.) It is stated by the petitioners that they as plaintiffs have filed a suit for eviction against one Smt Pratima Ghosh under the provisions of West Bengal Premises Tenancy Act, 1997. The said suit was filed on 18th May, 2012. Notice of the said ejectment suit was sent in the name of the opposite party fixing 6th July, 2012 for service return and appearance. The defendant/opposite party entered appearance in the said suit on 4th August, 2012 and filed applications under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereafter as the said Act). Subsequently, however, the defendant/opposite party remained absent and failed to take any step in the trial court. Accordingly the suit was fixed for exparte hearing on 19th September, 2013 and then on 18th February, 2014. In the mean time, one of the plaintiffs namely, Aloke Chakraborty died and the petition was filed on behalf of the petitioners for substitution of legal heirs and representatives of the said Aloke Chakraborty. Trial court took about one year and four months to dispose of the said application under Order 22 rule 3 of the CPC which was finally allowed on 8th April 2015. On 19th August, 2015 the petitioners submitted evidence on affidavit on behalf of the petitioners. On that date the opposite party also filed an application praying for vacating the order of exparte hearing of the suit. The prayer made by the opposite party was allowed by order dated 19th August, 2015 subject to payment of cost of Rs.1000/-.

(3.) It is alleged by the petitioners that the learned trial judge vacated exparte hearing of the suit after long lapse statutory period violating the provisions contained in order 8 rule 1 of the CPC. Subsequently, on series of dates fixed for hearing of the suit, no effective hearing was done by the learned trial judge on one pretext or the other. It is alleged by the petitioner that the conduct of the trial court is not at all satisfactory and highly biased the trial court is showing undue favour to the opposite party/defendant and her advocate. Under such circumstances, the petitioner has prayed for transfer of Ejectment Suit No.35 of 2012 from the 3rd Court of learned Civil Judge (Junior Division) at Sealdah to any court of the learned Civil Judge (Junior Division) at Alipore in the District of South 24 Parganas or to the learned Chief Judge, Small Causes Court, Calcutta for trial and early disposal of the matter.